Title | Citation | Year | Summary | Most Relevant | Type | Status |
Hill v. Hughes |
1 Dev. & Bat. 336, Supreme Court of North Carolina (December 01, 1835) |
1835 |
The gift of a slave by parol, since the act of 1806, (Rev. ch. 701,) operates as a bailment; and no length of possession under such gift, will raise a presumption of title in the donee. The possession of a son-in-law under a parol gift from his wife's father, is not evidence of fraud in the donor, as to the creditors of the son-in-law, unless there... |
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Hinson v. Pickett |
2 Hill Eq. 351, Court of Appeals of Law and Equity of South Carolina (June 01, 1835) |
1835 |
The petition by the defendant, Mr. Pickett, is for a re-hearing. The petition which accompanies this decree, sets forth, that since the decrees of the Court of Equity, and of the Court of Appeals in the year 1832, whereby it was decided, that the sale of certain negroes (the subject of the dispute in the above cases) by the said James B. Pickett,... |
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Hogan's Heirs v. Hogan's Ex'r |
3 Dana 572, Court of Appeals of Kentucky (November 10, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR GARRARD COUNTY. Elizabeth Hogan, by her last will, directed her executor to sell two tracts of land, and distribute the proceeds equally between her three sons--Samuel, John, and William; and also, after giving to her daughter Betsy Baldock, her wearing apparel and one slave, bequeathed to her said three sons the residue... |
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Hopkins v. Morgan's Ex'r |
3 Dana 17, Court of Appeals of Kentucky (April 14, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR NICHOLAS COUNTY. Statement of the case. The will of Joseph Morgan, deceased, contains the following clause:--Item 4. It is my will and desire that my two negroes, Rebecca and Mary, be sold privately by my executor, and that they select their own master, without much regard to price. Some short time after the probate of... |
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Hopkins v. Thompson |
2 Port. 433, Supreme Court of Alabama (June 01, 1835) |
1835 |
This was an action of detinue for two slaves. The evidence on the part of the plaintiff was, that in 1817, one Hammons made an absolute bill of sale of the slaves to the plaintiff, who on the same day executed to the said Hammons, a written defeasance, stating that Hammons was to retain possession of the slaves for twelve months, and if at the end... |
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Ivey v. Hardy |
2 Port. 548, Supreme Court of Alabama (June 01, 1835) |
1835 |
The question involved in this case, is, whether, when a white man sues a free person of color or of mixed blood within the third degree, in a case under twenty dollars, and offers his own oath to establish his claim, the defendant can be permitted to be examined on oath, touching the suit, in his own defence? The Court below decided that he could... |
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JACK a negro man v. MARY MARTIN. |
14 Wend. 507, Court for the Correction of Errors of New York (January 01, 1835) |
1835 |
This cause has been argued in this court upon the assumption, that the decision which is now to be made, necessarily involves the question as to the constitutional right of congress to legislate upon the subject of fugitive slaves and apprentices--or, in the language of the constitution, persons held to service or labor in one state, under the laws... |
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Jacocks v. Bozman |
1 Dev. & Bat.Eq. 192, Supreme Court of North Carolina (December 01, 1835) |
1835 |
Independent of any agreement, the case is the ordinary one of a bequest of slaves, as parts of a general residue, to one for life, and then over; in which it becomes necessary, after applying all the rest of the estate, to raise money from the slaves to satisfy a part of the debts. The question is, in what proportion the different interests are to... |
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Johnson v. Richey |
4 Howard 233, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
Where a trustee placed trust negroes upon his own plantation, to labor with his own slaves, it was held, that the cestui que trust was not compelled to receive a portion of the profits as compensation; but was entitled to recover a fair hire for the use of his negroes. |
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Jones v. Young |
1 Dev. & Bat. 352, Supreme Court of North Carolina (December 01, 1835) |
1835 |
The Judge charged the jury, that the sale of the slave by the defendant's testator to his son, William Jones, was good against himself and his representatives, but was fraudulent as to his creditors; it having been made without a valuable consideration. The case states that, after the payment of all the debts of the donor, there were several slaves... |
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Kenner v. Smith |
16 Tenn. 206, Supreme Court of Tennessee (June 01, 1835) |
1835 |
This is a writ of error prosecuted from a decree of the chancery court ??t Rogersville, obtained by the Kenners against Smith and wife for ??everal slaves. The first question is, what parts of the proceedings ??elow can this court look to to ground a decree of reversal upon? What constitutes part of the record in a suit of equity was adjudged in... |
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Lee v. Lee |
4 Cranch C.C. 643, Circuit Court, District of Columbia (November 01, 1835) |
1835 |
Petition for freedom [by Sam Lee and Barbara Lee against Elizabeth Lee]. Upon the trial of this cause on the venire de novo ordered by the supreme court of the United States at its January term, 1834. 8 Pet. [33 U. S.] 44. This court, at the prayers of the petitioners' counsel, instructed the jury that if they believe, from the evidence, that the... |
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Lewis v. Adams |
6 Leigh 320, Supreme Court of Appeals of Virginia (April 01, 1835) |
1835 |
A. for full value paid him, sells two slaves to I. in December 1821, and the property is delivered to the vendee; on same day, vendee hires same slaves to vendor till January 1823, and takes his bond for the hire; in November 1822, vendee, by deed duly recorded, conveys slaves to a trustee for the use of his daughter, who is vendor's wife, and her... |
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Lockridge v. Lockridge |
3 Dana 28, Court of Appeals of Kentucky (April 18, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR MONTGOMERY COUNTY. Decree for Alimony. On a bill for alimony, the Circuit Court decreed to the defendant in error, during her life, one-third of the personalty, land and slaves of her husband; who now seeks a reversal of the decree on two grounds: to wit, first--because the defendant was entitled to no decree; and,... |
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Loving v. Hunter |
16 Tenn. 4, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
It is contended by the counsel for the defendant that Mrs. Loving took an estate in fee to the property in controversy, by the provisions of the second clause of the will. It is true that clause of the will, after directing that the land should be sold and that the proceeds of the sale be laid out in young negroes, further provides that they be... |
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Lowe v. Stockton & Stokes |
4 Cranch C.C. 537, Circuit Court, District of Columbia (March 01, 1835) |
1835 |
This was an action upon the case for permitting the plaintiff's slaves to be carried away in the defendant's stage-coach. The slaves were colored persons. A decent, respectable-looking white woman, who gave her name as Powell, came to the stage-coach office of the defendants [Stockton & Stokes] in the morning of that day, or the day before, and... |
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Marshall v. Fulgham |
4 Howard 216, High Court of Errors and Appeals of Mississippi (January 01, 1835) |
1835 |
An application for a continuance in an action of replevin, stands upon the same grounds as in other actions, and it will be error if the judge refuses to hear it. A gift by deed, not recorded, of a slave, when the consideration is that of blood, and the gift is not accompanied by delivery of possession to the donee, is not valid as to a subsequent... |
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Marshall v. Penington |
16 Tenn. 424, Supreme Court of Tennessee (August 01, 1835) |
1835 |
The proceedings below were grounded upon the act of 1799, ch. 28, sec. 2, which provides: If any person shall hereafter entice or persuade any servant or slave to absent him or herself from his or her owner's service, or shall harbor or maintain, under any pretence whatever, any runaway servant or slave, such person shall for every such... |
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McDonald v. McDonald |
16 Tenn. 145, Supreme Court of Tennessee (May 01, 1835) |
1835 |
The first question in this case is as to the operation of the statute of imitations in relation to the boy Washington. By an act of North Carolina, passed in 1806, ch. --, sec. 1, it is declared that all gifts of slaves shall be void unless made in writing, duly proved and recorded. The fact, therefore, that Washington was sent to Baker by the old... |
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McWhorter v. Huling |
3 Dana 348, Court of Appeals of Kentucky (October 14, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR CASEY COUNTY. Statement of the case. Charles N. Perkins having in 1828, mortgaged to Marcus Huling, all his slaves, and household furniture, stock and other personal property, to an apparently considerable amount, for the ostensible purpose of securing the payment of a promissory note for about thirty dollars, and of an... |
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Merrit v. Smith |
6 Leigh 486, Supreme Court of Appeals of Virginia (December 01, 1835) |
1835 |
(Absent Tucker, P. and Brooke, J.) Tenant for life of a slave makes a parol gift thereof, in 1783 or 1785, to S. and wife; and the remainderman also makes a parol gift, about the same time, of his interest in remainder, to S. and wife; S. takes and holds possession till his death in 1789; the tenant for life dies in 1800: HELD, 1. a parol gift of... |
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Miles v. Blanton |
3 Dana 525, Court of Appeals of Kentucky (October 31, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR FRANKLIN COUNTY. In October, 1826, Reuben S. Gale, for the purpose of securing to Harrison Blanton three hundred and fifty dollars which he owed him, mortgaged to him five horses and all his undivided interest in the slaves then in the possession of his mother, as the administratrix of his father's estate. Mortgage of... |
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Miller v. Denman |
16 Tenn. 233, Supreme Court of Tennessee (July 01, 1835) |
1835 |
This action was brought by Denman against Miller, to recover damages for enticing out of the possession and service of the plaintiff a slave named Harriet, the defendant knowing her to be the property of the plaintiff. The defendant pleaded not guilty, and, issue thereon having been taken, and the cause coming on for trial, it appeared that the... |
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Miller v. Reigne |
2 Hill (SC) 592, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
The argument of the defendant's counsel, out of the multitude of grounds taken for a nonsuit or new trial, made the following questions, on which he demanded the judgement of the Court, viz: 1. Was the evidence sufficient to establish the freedom of the plaintiff's intestate? 2. Did the plaintiff shew a right of property in the negro in dispute? 3.... |
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Mitchell v. Johnson |
6 Leigh 461, Supreme Court of Appeals of Virginia (November 01, 1835) |
1835 |
I am of opinion, that the power of appointment conferred on the widow, by the fifth clause of the testator Thomas Mitchell's will, extended only to the slaves and other personal property, and did not extend to the land, comprised within that clause; that on the death of the widow, the personal subject should have been distributed according to the... |
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Mitchum's Heirs v. Mitchum's Adm'rs |
3 Dana 260, Court of Appeals of Kentucky (October 09, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR WOODFORD COUNTY. James Mitchum having died in the year 1823, much indebted and leaving several infant children, Polly Mitchum, his widow, Dudley Mitchum, his father, and Goodloe Carter became his administrators; and, in December of that year, made sale of his personal estate and negroes. ??dministration ?? James Mitchum's... |
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Morgan v. Cone |
1 Dev. & Bat. 234, Supreme Court of North Carolina (June 01, 1835) |
1835 |
The very imperfect transcript which is filed in this case shows, that the plaintiff brought his action of detinue to recover the possession of a negro slave, Green, valued at $600; that the defendant pleaded thereto the general issue and other pleas in bar; that issues were joined; and that at a subsequent term the defendant pleaded, that since the... |
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Nabors v. Nabors |
2 Port. 162, Supreme Court of Alabama (January 01, 1835) |
1835 |
This is an action of detinue, brought by William Nabors, against the plaintiff in error, for two negro slaves. The writ was issued on the first day of November, 1830; and is made returnable on the fifth Monday after the fourth Monday in February, then next, when it should have been, fifth Monday after the fourth Monday in March then next. The... |
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Neilson v. Gilliam |
15 Tenn. 474, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
It is not questioned but that Gilliam was bound to pay for medical services rendered to the slave, being the property of Gilliam for one year under the hire. 4 Haywood, 11. The money advanced by Hord was so much paid, laid out, and expended for the use of Gilliam. Neilson is the plaintiff in fact, and, because Hord had advanced him so much money,... |
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Pennington v. Pyle's Adm'rs |
3 Dana 529, Court of Appeals of Kentucky (November 02, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR CHRISTIAN COUNTY. Statement of the case. Quintin Stewart, in his lifetime, executed, to Samuel Pyle, a bill of sale for a negro woman and child, on the 23d of September, 1822, for and in consideration of three hundred dollars, and delivered to him the possession, and took from him an instrument of writing, reserving the... |
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Perkins v. Drye |
3 Dana 170, Court of Appeals of Kentucky (June 05, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR CASEY COUNTY. On the 11th of February, 1827, George Drye, jr., advanced to Perkins four hundred dollars, and received from him two negro girls--Esther, about sixteen, and Amy, about fourteen years of age, for which a bill of sale was, at the same time, executed by Perkins, purporting to be a transfer of said slaves to... |
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Poindexter's Ex'rs v. Green's Ex'rs |
6 Leigh 504, Supreme Court of Appeals of Virginia (December 01, 1835) |
1835 |
(Absent Tucker, P. and Brooke, J.) P. as surety for M. by covenant binding his heirs, warrants title of slaves to G. and after, by will, charges his real estate with his debts, and devises it subject to such charge; the slaves being recovered from G.'s executors by title paramount, and sold under a decree in chancery for 1940 dollars, G.'s... |
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Prewet v. Loony |
16 Tenn. 63, Supreme Court of Errors and Appeals of Tennessee (March 01, 1835) |
1835 |
Elizabeth Stokes, in the year 1802, on the eve of her intermarriage with Amos Johnson, in Onslow county, North Carolina, in conjunction with her intended husband, conveyed sixteen slaves, of which she was the owner, to Uz Williams, to hold in trust for the support and maintenance of the said Elizabeth during her natural life. It is stipulated in... |
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Relfe v. Jones |
4 Mo. 89, Supreme Court of Missouri (June 01, 1835) |
1835 |
Relfe brought an action of debt on a bond against Jones. Jones pleaded that the bond sued on was given by Jones to Relfe for and in consideration of a negro sold by Relfe to Jones as a slave, and that the said negro was at the time free. Jones secondly pleaded in substance the same matter as above; on both these pleas issues were taken to the... |
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Rice v. Satterwhite |
1 Dev. & Bat.Eq. 69, Supreme Court of North Carolina (June 01, 1835) |
1835 |
It is proper to remark, that the will of the elder Satterwhite was made and proved before our act of 1827, (ch. 7th,) on the subject of contingent limitations, went into operation. No question has been made here upon the seeming repugnance between the particular disposition made by the testator of the negro Liney, in the clause above recited, and... |
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Rucker v. Hamilton |
3 Dana 36, Court of Appeals of Kentucky (April 22, 1835) |
1835 |
FROM THE CIRCUIT COURT ROF JESSAMINE COUNTY. Statement of the case. James Hamilton, claiming in right of his wife--to whom, prior to her intermarriage, a tract of land and a slave named Dick and other slaves had been allotted for her dower in her former husband's estate--sued James P. Rucker in detinue, for Dick, and, on the general issue, obtained... |
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Sanders v. Hamilton |
3 Dana 550, Court of Appeals of Kentucky (November 04, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR OWEN COUNTY. Ground of action. An execution was issued from the clerk's office of the Owen Circuit Court, in favor of Hamilton, against the estate of Zachariah Johnson, deceased, which was placed in the hands of Wright, a deputy sheriff, and was levied upon a negro woman slave by the name of Marsha, who was sold, and the... |
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Singleton v. Young's Ex'rs |
3 Dana 559, Court of Appeals of Kentucky (November 04, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR BRECKINRIDGE COUNTY. This case depends upon the question whether a mortgage of slaves and personalty, made in 1819, and recorded within eight months, in the county in which the mortgagor resided, and in which a part of the slaves and personalty were also situated at the time, is valid against a subsequent purchaser of one... |
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Skinner v. Stouse |
4 Mo. 93, Supreme Court of Missouri (June 01, 1835) |
1835 |
Stouse brought an action of replevin against Skinner for a negro woman, the declaration is in the usual form. Skinner, the defendant in the Circuit Court, pleaded non cepit, property in himself, property in a stranger, to-wit: one Blood, and property in one Rosanna Berry, on all these pleas issues were taken to the country, a verdict and judgment... |
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Sloan v. Gibson |
4 Mo. 32, Supreme Court of Missouri (May 01, 1835) |
1835 |
Sloan brought an action of assumpsit on a warranty of a soundness of a negro slave sold by Gibson to him. There are two counts in the declaration setting out a bill of sale in both counts in which the supposed warranty is contained. The defendant craved oyer of the writing which was given. The defendant then demurred generally. The court sustained... |
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Smith v. Jones |
3 Dana 89, Court of Appeals of Kentucky (May 27, 1835) |
1835 |
FROM THE CIRCUIT COURT FOR NICHOLAS COUNTY. This is an action of detinue, brought by Jones against Smith for three slaves, in which verdict and judgment were obtained by Jones. The statute of limitations, among other savings provides that if the defendant shall by any indirect ways or means defeat or obstruct the plaintiff in bringing or... |
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Soper v. Breckenridge |
4 Mo. 14, Supreme Court of Missouri (May 01, 1835) |
1835 |
This was an action commenced by Soper (who is appellee), against Breckenridge (who is appellant), on a warranty of soundness in the sale of a negro girl. On the trial in the Circuit Court, the plaintiff and appellee got judgment and Breckenridge has appealed to this court. A variety of questions arising out of instructions given and refused on one... |
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Sorrey v. Bright |
1 Dev. & Bat.Eq. 113, Supreme Court of North Carolina (June 01, 1835) |
1835 |
A bequest of slaves, with a request that the legatee will permit said negroes to have the result of their own labour, is a bequest for emancipation, and a trust in them results for the residuary legatee or the next of kin. THE bill stated, that the testatrix of the defendant Bright, a resident of Currituck County, by her will... |
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Southworth v. Sebring |
2 Hill (SC) 587, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
In the assignment of the bill of sale by Johnson to the plaintiff, the intention of the parties is too clearly expressed to admit of any controversy. Johnson was indebted to the plaintiff in the sum of $500, and his intention was to secure the payment by a lien on the negroes. The possession of the bill of sale, assigned as it was without the... |
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Stallings v. Foreman |
2 Hill Eq. 401, Court of Appeals of Law and Equity of South Carolina (March 01, 1835) |
1835 |
The bill is filed against the administrator, for an account and settlement of the estate of the intestate, Isaac Foreman. The single point made and argued in this case, is whether the purchase of a slave, named August, made by the defendant, Jacob Foreman, administrator of Isaac Foreman, at a sale of property of the estate of his intestate,... |
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State v. Blythe |
1 Dev. & Bat. 199, Supreme Court of North Carolina (June 01, 1835) |
1835 |
An indictment under the act of 1826, c. 13, charging that the defendant, on a particular day, and on divers other days before that day, sold and delivered spirits to certain slaves whose names were to the jurors unknown, is defective for uncertainty in embracing the transactions of divers days with divers persons. And as the names of the slaves... |
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State v. Cantey |
2 Hill (SC) 614, Court of Appeals of Law and Equity of South Carolina (June 01, 1835) |
1835 |
We feel no disposition to depart from the rule laid down in The State v. Davis and Hanna, 2 Bail. 558. The ground of that decision is, that neither of the several statutes which speak of negroes, mulattoes and persons of colour, nor the constitution of the State, which restricts political privileges to free white... |
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State v. Elliott |
2 Hill (SC) 617, Court of Appeals of Law and Equity of South Carolina (May 01, 1835) |
1835 |
The act of 1819, out of which this prosecution arises, is a part of the system of police adopted for the government of our slaves, and the object indicated, as well by the terms used as the general policy of the system, was to secure to every plantation whereon slaves live and are employed, some white man to discharge patrol duty, and to act, at... |
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State v. Free |
2 Hill (SC) 628, Court of Appeals of Law and Equity of South Carolina (June 01, 1835) |
1835 |
The defendant was indicted under the act of 1817, for trading with a slave. The prosecution was not commenced until six months after the offence, and the question submitted to the Court, was whether it was barred by the statute of limitations. His Honor held that it was not barred, so far as regards the imprisonment imposed by the act. On a motion... |
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State v. Johnson |
3 Hill (SC) 1, Court of Appeals of Law and Equity of South Carolina (December 01, 1835) |
1835 |
It is no objection to an indictment, especially after verdict, that charges which might have been the subject of distinct counts, or of distinct indictments, are included in one count. An indictment may, in a single count, charge the prisoner with stealing three negroes, and the offence is complete if he stole either of the negroes, and the... |
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